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(영문) 광주지방법원 순천지원 2016.07.05 2016고단390
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving a Pcoon car.

On March 8, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.258% in blood around 21:40, while driving the said vehicle, and driving the two-lanes of four-lanes in front of the R R assignment located in Q Q at the time of leisure, in the middle distance of the East Asia, in the direction of a private distance in the new East Asia.

Since the location is a four-lane road, a person engaged in driving of a motor vehicle has a duty of care to maintain the safety distance with the prior vehicle by checking well the front, left, and well, and to drive the motor vehicle in a safe manner by accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected to drive normally due to the influence of drinking, and neglected to do so, caused the Defendant’s failure to do so, and caused the Defendant to shock the part of the Defendant’s driver’s vehicle behind the T S-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., two traumas in which there are no two wounds in which treatment is open for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police against S;

1. Evidence and photographs of the traffic accident scene;

1. Notification of the results of crackdown on driving alcohol and application of statutes to a copy of the ledger of measuring instruments for drinking alcohol;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the defendant's negligence, and the victim of the instant traffic accident does not want the punishment of the defendant.

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